Disability Support Services

Policies & Procedures

Service Animals

Dogs

Beginning on March 15, 2011, only dogs and miniature horses are recognized as service
animals under Titles II and III of the ADA. Service animals are defined as dogs that
are individually trained to do work or perform tasks for people with disabilities.
Examples of such work or tasks include guiding people who are blind, alerting people
who are deaf, pulling a wheelchair, alerting and protecting a person who is having
a seizure, reminding a person with mental illness to take prescribed medications,
calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack,
or performing other duties. Service animals are working animals, not pets. The work
or task a dog has been trained to provide must be directly related to the person’s
disability. If an animal meet this definition, it is considered a service animal regardless
of whether it has been licensed or certified by a state or local government training
program. Therapy, companion, emotional support animals and pets are not service animals
according to the ADA definition, as they have not been individually trained to perform
disability mitigating tasks. Thus their handlers do not legally qualify for public
access rights.

Miniature Horses

A miniature horse can be considered a service animal for use by an individual with
a disability if the miniature horse has been individually trained to do work or perform
tasks for the benefit of the individual with a disability subject to an assessment
of the type, size, and weight of the miniature horse and whether the facility can
accommodate these features. The same provisions that apply to service dogs also apply
to miniature horses.

Appropriate inquiries about service animal

When it is not obvious what service an animal provides, only limited inquiries are
allowed: (1) is the dog a service animal required because of a disability, and (2)
what work or task has the dog been trained to perform. Staff cannot ask about the
person’s disability, require medical documentation, require a special identification
card or training documentation for the dog, or ask that the dog demonstrate its ability
to perform the work or task. Allergies and fear of dogs are not valid reasons for
denying access or refusing service to people using service animals. When a person
who is allergic to dog dander and a person who uses a service animal must spend time
in the same room or facility, for example they both should be accommodated by assigning
them, if possible, to different locations within the room or different rooms in the
facility.

Requirements of Service Animals and their Partners/Handlers

Under the ADA, service animals must be harnessed, leashed, or tethered, unless these
devices interfere with the service animal’s work or the individual’s disability prevents
using these devices. In that case, the individual must maintain control of the animal
through voice, signal, or other effective controls. Exclusions of service dogs are
determined on an individualized basis and when one of the following conditions exist:

The dog is disruptive and not effectively controlled

The presence of the service dog would fundamentally change the nature of the job,
service, or activity

The service dogs' presence, behavior, or actions pose an unreasonable or direct threat
to property and/or the health or safety of others

The dog is not housebroken

Under the ADA, service animals are allowed to accompany individuals with disabilities
in all areas of the institution where students are normally allowed to go. There
may be some areas of the university that restrict the admittance of service animals.
Access to these areas may be granted on a case-by-case basis and requests for access
should be addressed to the Disability Support Services.

Requirements

Vaccination- The animal must be immunized against diseases common to that type of animal. Dogs
must have had the general maintenance vaccine series, which includes vaccinations
against rabies, distemper and parvovirus. Other animals must have had the appropriate
vaccination series for the type of animal. All vaccinations must be current. Dogs
must wear a rabies vaccination tag.

Licensing- Will be in accordance with The City of Billings.

Health- The animal must be in good health. Animals to be housed in University Housing must
have a clean bill of health from a licensed veterinarian.

Leash- The animal must be on a leash at all times.

Clean-up Rule-

Always carry equipment sufficient to clean up the animal’s feces.

Properly dispose of feces.

*Individuals with disabilities who physically cannot clean up after their own service
animals may not be required to pick up and dispose of feces. However, whenever possible
please ask a person nearby to assist you.

Under Control of Partner/Handler- The partner/handler must be in full control of the animal at all times. The care
and supervision of a service animal is solely the responsibility of its partner/handler.

Grievances

Any partner dissatisfied with a decision made concerning a service animal should follow
MSUB’s published grievance procedures.